Golfers Are Teed Off That Renters Are Crowding Course

Community living

July 24, 1999|By Richard White

QUESTION: We are a large golf course community. Many of our homes are rented, and the common area usage rights are transferred to the renter. Our problem is that during the busy season, the course is so busy we can't get all of our members on the course. Can we restrict renters from having invited guests?

ANSWER: You are lucky to have a popular golf course. The short answer to your question is no. You can run into problems by creating a two-class system. The fact is that the privilege rights are transferred to the tenant. If you take some of those rights away, the owners will be required to relinquish some of their rights.

Here are some suggestions, but you will need to apply them to all residents. Raise the price to play. Limit the number of guests per day or per week for each owner who can play. Schedule times for only members to play. Split the course and allow members with guests only to play nine holes during certain hours and have 18-hole open play with guests a limited number of hours.

LIEN VS. FORECLOSURE

Q: Our association placed a lien on a condo in our building. The bank foreclosed, and we lost our lien. Why go through the expense of placing a lien if you lose your rights to collect?

A: Call it a cost of doing business. You had no way of knowing the bank would foreclose on the property at the same time you were placing the lien. In order to protect your rights, you need to have a strong collection policy. That means filing a lien on time and following with foreclosure.

You may have been closed out by the bank's foreclosure, but the money is still a debt owed. Why not try turning over the matter to a collection agent? You may recover a small percentage of the debt. You could ask the court for a judgment and then go after any other asset owned such as a car.

Never delay filing a lien just because it may be closed out.

AGENDA ANGST

Q: We have members who insist on talking on every agenda item and are disrupting our board meetings. How can we run our meetings more effectively?

A: You should establish a meeting policy that would allow the members to talk only on agenda items. Because the notice and agenda must be posted 48 hours in advance of the meeting, the policy should state that members wishing to talk on an agenda item will need to give the secretary a written note before the meeting.

As the agenda item is discussed, each board member should have a right to discuss the issue. Then those members who gave notice to the secretary will be allowed to talk on the agenda item for a limited time, say 3 minutes. They must discuss the agenda item, rather than question the board's attitude on the agenda item.

The chairperson must control the meeting and follow the agenda item by item. The chairperson should never recognize any member to address the board unless the member has requested to speak before the meeting. A member who would like to address the board or add an agenda item should write a letter to the board well in advance of the date to post the notice and agenda, say five days.

The policy should create ways for member input but be strict enough to allow the board to conduct business. By establishing procedures, you will find that you can complete meetings faster and more efficiently.